Lawsuit of the Day: The Real Women of Penthouse
A human resources professional at FriendFinder Networks (which publishes Penthouse) has brought a sexual harassment lawsuit against her former employers.
What were the odds?
[Natalie] Cedeno claims the atmosphere at the company changed substantially after Penthouse Media Group acquired Various Inc., the operator of Adult FriendFinder and other websites, in 2007 and changed its name to FriendFinder Networks. Various was buttoned-up, she says, despite operating websites where users planned hookups. Penthouse, by comparison, was pure frat-boy raunch — an attitude which culminated in an incident where a Penthouse Pet draped her boobs on an unwilling female employee in a staged photo meant to humiliate her.
Check out some of the allegations after the jump.
The allegations suggest that working at Penthouse would be a terrible idea. Except on those days where it was a glorious idea. But even those days would ultimately end badly. You know what I mean:
In May 2008 FriendFinder brought two Penthouse Pets and a male model into the Sunnyvale office to serve ice cream to the employees. The Pets were dressed in revealing attire that caused a female supervisor to complain that their presence and the fact that they were “porn stars” made her so uncomfortable that she would stay in her office away from this activity. The Pets went up to the supervisor’s office and one of them placed her breasts on the employees head while two other employees’ took pictures. The supervisor came to Plaintiff’s office in tears. She was visibly shaken and upset and informed Plaintiff that she was afraid the photos would be put on the Internet. Plaintiff had previously telephoned Carmela Monti, informed her that the Pets were pinching the nipples of the male employees, rubbing their bare chest and inappropriately touching staff, and asked that Monti allow her to have the Pets removed from the office. Monti had refused Plaintiff’s request and after the incident involving the supervisor Plaintiff called Monti again, asking that the Pets be removed because their behavior violated the company’s sexual harassment policy. Monti again refused Plaintiff’s request that she be authorized to direct the Pets to leave the office. COO Tony Previte appeared supported Monti’s decision, stating that the employee who complained was a “trouble maker.”
Legally, this woman has the right to work anywhere she wants to, without being subjected to a discriminatory work environment. That is absolutely clear.
But, I mean, put it like this: if I’m a vegetarian, I’m not going to work at an abattoir. I have a right to, but I’m simply not going to do it. And if I’m working for Tofu Inc, and the company is bought out by an abattoir, I’m probably going to quit long before the spring calves are turned into succulent veal.
Cedeno’s claims that Adult FriendFinder was much more friendly to woman are interesting. It’s a powerful statement about the how corporate culture can be very different within the same industry.
In or about August or September, 2008, the Chief Technology Officer (CTO) of the Las Vegas office, Jason Rasberry, made inappropriate sexual comments concerning a female employee (TE). The CTO said to 5-6 male coworkers in the presence of TE (the group was standing together on a smoke break) “I’ve had seen TE naked and her breasts are too small.” The CTO admitted having made the comment. The CTO had a history of previous misconduct in the workplace for which he had received disciplinary action. Prior to this incident the CTO had asked a male applicant who was interviewing for a position in the company’s Technology Department to “chose any item and he would have one of the girls on cams.com insert it into her vagina
When the tech guy is asking interview questions like that, that does seem to be a problem.
The New Penthouse Letters: HR Exec Files FriendFinder Suit [Gawker]
(66) 
Comments
first
That's nice...going from a story about a tragic death to a story about Penthouse.
first HUSTLE HARD
are they hiring?
Are they hiring? I think some of Latham first-years who were laid off would fit in really well. Hell, sounds like a fun place! Maybe I'll quit and go there.
Who uses the word "abattoir"?
Sheez, 2 is right.
"Someone's Dead!"
"OMG Penthouse!"
are they hiring?
Elie,
Someone has died today.
You have the nerve to post a story about Penthouse on the same day that someone dies???
You horrible monster.
Nothing is worse than a couple of stuck-up bitches ruining the fun for everyone else.
Seems rather open and shut to me. It's taking the photo that seals the deal in the plaintiff's favor. Penthouse should just settle.
"CTO had asked a male applicant who was interviewing for a position in the company's Technology Department to "chose any item and he would have one of the girls on cams.com insert it into her vagina"
Best. Job interview. Ever.
Wow, Elie you are a class act.
What the f*** do you want me to post? "Whaa, I just got a pay cut?" Christ.
--Elie
Elie - it's unbelievable that you would post a story about Penthouse right after the story about a lawyer who just took his own life. Do you have any sense of decency? What is it about this story that needs to be posted today? For once grow up and report on something more important and meaningful in light of what has happened. Talk about work hours, talk about stress, talk about lawyers reaching out to their colleagues -- those are all legally related.
I hope you Elie-bashers are trolling. If we couldn't have fun stories on days that a lawyer committed suicide, we'd never have fun stories.
Oh wow, another post from Elie about T&A. So. Shocking.
just thinking out loud here...reliance...safe workplace...estoppel...restatement 90
Elie - you can look at the trolls, talk about the trolls, make fun of the trolls, but never, Never, NEVER interact with the trolls.
This post is totally fine. Should the site shut down because of the suicide, which is disturbing but not the end of the world. Remember, newspapers have lasted for centuries and they have a whole obituary section.
You losers, this is a gossip blog, not the obituary section. Yeah it's tragic that a lawyer died, but that doesn't mean everyone at ATL needs to wear black and only post solemn news the rest of the day.
When people start looking to ATL as some sort of moral guidepost ... oh nevermind.
Shut the fuck up. Leave Elie alone.
You are all idiots.
Skadden Secure
ps - You are all idiots.
Bashing Elie for this post is moronic. Yes, it is Penthouse-related, but it's actually a serious topic -- sexual harrassment.
This is a legal blog. There is a cause of action against harrassment. Connect the dots. See how it's an appropriate post?
Were you hoping for more intrusive posts about the man who killed himself? A moratorium on all legal news for the rest of the day? You think that would somehow be more appropriate? Not so much, boys.
This article reminds me of a great site called Sex Toy In The City.
Go to www.SextoyintheCity.com for all of your adult products including but not limited to the rabbit vibrator, lotions, fun gifts, and all your vibrator toys. Great selection of Sex toys for all of you stressed out female attorneys. They also have the funniest youtube videos. go to www. youtube.com/user/sextoyinthecity
With due respect to the family and friends of the deceased attorney...
Why does the fact that a tragic incident occurred today preclude the possibility of reading about anything else? Is there a code of ethics on "website journalism" that forbids editors from posting light-hearted stories on the same day as tragic ones? If there was a limit on the number of stories ATL could post in a single day then I could understand complaints that Elie 'wasted' a valuable slot with something that's not important enough to the people at Kilpatrick.
Oh -- and if I were a friend or coworker of the deceased attorney, I'm not sure that I would be any more interested in reading about someone complaining about a salary cut today than this story.
Better yet--for everyone complaining out there, ask yourselves whether you'd still have a problem with the story if the events took place at the DOJ, or Wachtell, or GM? Does the fact that she's suing Penthouse for harassment mean that its a frivolous story?
This article reminds me of a great site called Sex Toy In The City.
Go to www.SextoyintheCity.com for all of your adult products including but not limited to the rabbit vibrator, lotions, fun gifts, and all your vibrator toys. Great selection of Sex toys for all of you stressed out female attorneys. They also have the funniest youtube videos. go to www. youtube.com/user/sextoyinthecity
well i will try to salvage this comment thread, as I have little to no employment law background, I feel eminently qualified to ask the question on whether or not (or to what extent) employees of sexually-oriented businesses have standing to make hostile work environment s-harassment claim?
People who commit suicide are selfish pricks. They deserve no pity.
Hey its all news. Dead lawyers, unhappy employees, Penthouse Pets, swine flu..... Post it all. I think we can handle it.
Hey its all news. Dead lawyers, unhappy employees, Penthouse Pets, swine flu..... Post it all. I think we can handle it.
I admit that Elie is usually pretty bad, but what planet do you people live on? Here on Earth, someone dies every single day, yet I'm still forced to scroll through 50 posts from Partner Emeritus. Simply because someone dies doesn't mean ATL shuts down for the day. Have you ever watched the evening news? "100 people killed in mudslide. And now the weather." It's sad and I feel for his family, but the Earth keeps spinning.
Today is a sad day. It is unfortunate to see a member of the bar take his own life. My thoughts and prayers are with Mark Levy's family and the folks at KS. Back in 1981, an associate took his own life at the firm. We observed a minute of silence (which was billed to a client). Some people believe this business is easy. Rest assured this business requires mental acumen and tremendous hustling capability. Unfortunately, graduating from a top law school does not guarantee that you will possess the skills to be a successful attorney. Many talented folks, who were stars in law school, have a difficult time adjusting to becoming a lawyer. Most of the time, they cannot explain or reconcile their inability to transplant their law school success in the real world of practicing law. Sometimes, suicide is the result. It is lamentable that law schools cannot teach courage or eliminate cowardice from a person's core. RIP Mark Levy.
In this dour time, I would like for all of you to observe a minute of silence for Mr. Levy. Please honor him by not billing that minute.
Oh, and second 19. You can't interact with the trolls Elie, it validates their (pathetic) existence.
-20
Geez, Elie you need to grow up. Granted I think this post is fine but why the need to come in and comment like you did?
Is this about Sutherland?
While eating the delicious tortellini I brought for my lunch, I am struck by how much tortellini resembles female genitalia. Does that fact that I still find it to be delicious make me a lesbian?
And here's PE right on cue. That would actually be funny if I didn't hate you so much. I will pay you to stop posting.
-30
God PE, are you so hard-up for attention that you have to post the exact same comment on several different threads? Get a fucking life.
26,
Not sure, but I did give the complaint a quick read. The plaintiff was the former director of human resources and a member of the executive team. Basically, it was her job to deal with HR violations. There were a bunch of times when senior management wanted her to do stuff that might not be legal, or at the very least could leave the company susceptible to being sued. She refused to do the illegal stuff and complained about the other stuff that might get them sued.
Honestly, it sounds like the company had a terrible corporate culture, where being in-house counsel would be a nightmare.
"But, I mean, put it like this: if I'm a vegetarian, I'm not going to work at an abattoir. I have a right to, but I'm simply not going to do it. And if I'm working for Tofu Inc, and the company is bought out by an abattoir, I'm probably going to quit long before the spring calves are turned into succulent veal. "
That's just great writing. Loved the article, Elie!
Elie
Perhaps this wasn't the most appropriate story to post after the previous one. However, I have to give you credit for up-to-date information, as well as the manner in which you are covering today's news. Well done, sir.
Partner Emeritus
You disgust me. Your schtick has run very thin. Making fun of a situation in the manner in which you did is appalling. I know that you are merely a law student trying to crack a joke and perhaps you don't have any sense of tact or compassion, but you, sir, will burn in hell.
Elie, please ignore all these whining idiots.
PE - Glad to see you back. How was the shoe salesman convention? You post is on target but misses the mark on Levy.
Kilpatrick Stockton announced today that Mark Levy and Mark Wincek were selected as a 2009 Washington, DC Super Lawyers. This distinction denotes that they attained a high degree of peer recognition and professional achievement as some of the region’s pre-eminent lawyers.
This comment is addressed to post no. 40.
Normally, insolent peons like you merit no response from a person of my demeanor and caliber. The story about the man who took his own life was tragic. I feel sorrow for his family. However, what Mr. Levy did was cowardly and it is obvious that you share the same trait as you "sympathize" with the "pain" of someone who committed suicide. I am thinking about the inconvenience that Mr. Levy caused on his family and his employer (this is practically a lost day of work at KS) the day he selfishly decided to take his own life rather than face life like a man walking tall. Mr. Levy, like you, merits no attention for his cowardice. It is obvious that you have not walked among real men and lack honor. You represent what is lacking in today's generation of lawyers and law students.
Wow, all I've ever been offered during an interview is coffee.
Maybe the vagina insertion question was really a behavioral question in disguise... : )
Wow, all I've ever been offered during an interview is coffee.
Maybe the vagina insertion question was really a behavioral question in disguise... : )
PE - Why did you fail to mention this in your original post. Do you prefer selling women or men's shoes?
This is ridiculous. Is he not supposed another story because someone died? You hold newspapers to that standard? They cover an important death, so they should jsut leave off the sports and entertainment sections that week. And this is one of the more entertaining story's ATL has run in awhile anyway.
PE's posts are so long and unrewarding that I never even bother to read them anymore. FAILS all around.
43
I do not take offense to your attack on me. Your schtick is finally running thin. PE is nothing more than a lonely little law student sitting in his apartment studying for finals all lone. Or maybe he is a loner associate with no friends and no social skills. Regardless, you cloak yourself behind a terribly unwitty moniker is a desperate attempt to grab attention, attention which you cannot find in the real world. You have no where else to turn by a shitty little law blog because your life is absolutely meaningless.
You will never achieve the accomplishments that I have. I pride myself on performing under pressure. Like I said, it shouldn't be hard to discern my identity and then you will realize who you're really dealing with.
Your pathetic attempts at attentions are repugnant. Making light out of an unfortunate situation reveals how cowardly and childish you really are. Like I said, you will burn in hell.
PE - mental acumen? what an awkward juxtaposition that make little sense. FAIL.
Also
PE = former PE = Dow is Up Guy = Dow is Down Guy. Multiple avatars, same 1L.
Shut the fuck up. Leave Elie alone.
You are all idiots.
Skadden Sidebar (praying I have a job to return to)
ps - You are all idiots.
Has nobody pointed out that Mark Levy was not a fired associate but rather was head of the firm's Appellate Advocacy Practice, YLS 1975, argued 16 cases in front of the Supreme Court?
Plaintiff = fail. Employees should fully support (heh) the promotion of their company's product.
43, people of your supposed deamanor and caliber (not to mention your supposed age) do not post on internet gossip. And certainly not the type of posts you do. Kill yourself.
Excellent work. although, I thought the vagina thing at the end was random and gratuitous, but loved it anyway!
FEMALE EMPLOYEE OF COMPANY THAT PROMOTES SEXUAL PROMISCUITY, DEBAUCHERY FILES LAWSUIT COMPLANIING OF SEXUAL PROMISCUITY, DEBAUCHERY.
She's going about this completely the wrong way. Every working woman knows how to deal with a male COO or CTO or other superior who subjects you to sexual harassment, or refuses to intervene when you're being sexually harassed: grab him HARD by the balls, squeeze as tight as you can, and pull until he starts sobbing and apologizes.
See? Problem: solved.
"Legally, this woman has the right to work anywhere she wants to, without being subjected to a discriminatory work environment. That is absolutely clear.
But, I mean, put it like this: if I'm a vegetarian, I'm not going to work at an abattoir. I have a right to, but I'm simply not going to do it. And if I'm working for Tofu Inc, and the company is bought out by an abattoir, I'm probably going to quit long before the spring calves are turned into succulent veal. "
And everyone knows blacks and gays would be stupid to try to get jobs in the rural south.
Um, FAIL.
Elie,
Please disable the comments. This is really just disgusting. How can you people have no understanding of what this woman went through! Tits on her head and all, just makes me sick.
"Prior to this incident the CTO had asked a male applicant who was interviewing for a position in the company's Technology Department to "chose any item and he would have one of the girls on cams.com insert it into her vagina"
I would've chosen a car and then sued him for promissory estoppel. Unless, I guess, she somehow managed to fit a car into her vagina.
60 = winner
A female employee at a porno outfit expecting non-discriminatory treatment and a non-hostile work environment? My god, thats almost as idiotic as some single mother BIgLaw associate expecting her law firm to provide "work/life balance."
If you read the lawsuit, she is not claiming sexual harassment but claiming she was retaliated against because she tried to protect others. I personnally know two people who work there and she was pretty well respected. I am interested in seeing how this plays out because as a former exec for this company, I am sure she has interesting information that will come forth.
You cannot sexually harass someone just because you work in a sexually charged business. You can make the argument that their choice to be exposed to sexual materials in the course of their employment (i.e., someone putting together, erm, photo layouts) has no gripe because the sexual matter was not "unwelcome." But having people who are dressed inappropriately commit assault with sexual connotations is clearly unwelcome, and in the case of the woman who retreated to her office, has NOTHING to do with her job.
Mandatory fun =/= right to assault your employees, in either a sexual or non-sexual manner.
Penthouse hasn't been relevant since 1981.
64 - You cannot harass someone just because they're in a sexually charged business. You can, however, anonymously question the person's common sense. Like that chick that went to Mike Tyson's room - does she think he wants to play Chutes and Ladders?